that guy. >> separate from this state secret privilege, how lawful do you believe it is that there would be this possible cia hit list. some u.s. officials are acknowledging that there is such a thing and al awlaki is on it. that is the case of the aclu which is saying, on behalf of the father of this man, he shouldn't be on a hit list, he shouldn't be targeted especially when he's a u.s. citizen. what kind of argument is that to make? >> this is part of that disconnect we've seen in other cases, where we have officials talking about things like the waterboarding or torture program, and other national security programs. but once they go into court, they say, that's top secret, you can't even venture into this area. and so there's a disconnect. and it's really clear in this case, where you have officials saying, yeah, we have a hit list, and yeah it has this individual on it, and, yes, the president does claim the right to be able to kill a u.s.